21 March 2024
WICHITA, Kan. (KSNW) — A federal judge has dismissed a lawsuit that three former Wichita Police Department deputy chiefs filed against the City of Wichita last year.
Former Deputy Chiefs Wanda Givens, Chester Pinkston and Jose Salcido sued nine defendants: the City of Wichita, City Manager Robert Layton, former Human Resources Director Chris Bezruki, former interim Police Chief Troy Livingston, former police Captains Kevin Kochenderfer and Wendell Nicholson, the Fraternal Order of Police, and FOP officers Dave Inkelaar and Paul Zamorano.
Former Deputy Chief Wanda Givens (Courtesy Wichita Police Department)
Former Deputy Chief Chester Pinkston (Courtesy Wichita Police Department)
Former Deputy Chief Jose Salcido (Courtesy Wichita Police Department)
The former deputy chiefs alleged that the defendants created an environment of racism, sexism, harassment, and corruption and that they suffered from retaliation when they spoke out against this environment.
The nine defendants asked the judge to dismiss the lawsuit. And on Wednesday, U.S. District Judge Holly Teeter did:
“Plaintiffs’ claims are dismissed. This case is closed,” the judgment says. In a 44-page document, the judge explained her decision.
“Resolution of these motions has been difficult,” Teeter wrote. “The difficulty largely stems from Plaintiffs’ pleading style. Plaintiffs complain of wide-ranging conduct. But they rarely tie those complaints to specific Defendants.”
She said the lawsuit makes many allegations against people who are not in the lawsuit.
“Complex pleadings are not unheard of in federal court,” Teeter wrote. “But it is not the job of the Court or the opposing parties to sort through a pleading to try to construct a plaintiff’s claims.”
She said accusing people of unconstitutional conduct requires specifics.
“Plaintiffs try to paint a picture of the WPD, the City of Wichita, and the FOP as a single-minded, power-hungry machine that barrels over anyone in its way,” she wrote. “But they repeatedly rely on broad and conclusory allegations instead of individualizing their claims by Plaintiff and Defendant.”
Teeter dismissed some of the claims with prejudice, meaning the dismissal is permanent. She dismissed other claims without prejudice, meaning they could be refiled at some point. But she had advice for the plaintiffs.
“In any future pleadings, it should not be so difficult to ascertain which claims are brought by and against which parties, and for what conduct,” she said.
James Thompson, the attorney for the former deputy chiefs, sent KSN News this response.
“Obviously, we disagree with Judge Teeter’s decision and are disappointed, but we respect the process,” he said. “In the face of adversity, Deputy Chiefs Salcido, Pinkston, and Givens did what they had always done throughout their long careers and stood up for what they believed was right.”
KSN News asked the City of Wichita for a response from the city or the city manager.
“We will let the judge’s ruling speak for itself,” Communications Manager Megan Lovely said. “Thank you for asking and reaching out.”
KSN also reached out to the FOP. We have not heard back yet.